May 16 2016 – The lawsuit challenging the Visa Bulletin of October 2015 has actually been dismissed with prejudice. This decision of the court, unfortunately closes the chapter in the ‘fiasco’ of the October 2015 where the government was supposed to allow EB2 India up to July 2011 to file for adjustment of status or consular processing. As such the hopes of thousands of EB Indian applicants are now lost with the decision of Judge Martinez. This is what the court wrote in conclusion:
…The Court finds that the parties have thoroughly presented the relevant facts of this case, that the parties’ dispute is a purely legal one, and that there are no other facts consistent with the challenged pleading which could cure the deficiencies listed above. For that reason, these claims will be dismissed with prejudice.
Having reviewed the relevant pleadings, the declarations and exhibits attached thereto,
and the remainder of the record, the Court hereby finds and ORDERS:
1) Defendants’ Motion to Dismiss (Dkt. #27) is GRANTED.
2) Plaintiffs’ claims are dismissed with prejudice.
3) This case is CLOSED.
DATED this 16 day of May 2016.